P.E.C. LIMITED THROUGH ITS GENERAL MANAGER vs AUSTBULK SHIPPING SDN BHD — C.A. No. 4834/2007
Case under Section XIV-A. Status: DISPOSED.
CNR: SCIN010070702005
Filing Date
30-Mar-2005
Registration No
C.A. No. 4834/2007
Diary Number
7070/2005
Order Date
14-Nov-2018
Document Type
Judgement - of Main Case
Neutral Citation
2018 INSC 1053
Disposal Type
Dismissed
Data as of 21-Jun-2026
Acts & Sections
Petitioner(s)
P.E.C. LIMITED THROUGH ITS GENERAL MANAGER
Adv. RAVI PRAKASH MEHROTRA (Dead / Retired / Elevated)
Respondent(s)
AUSTBULK SHIPPING SDN BHD
Adv. R. K. KHANNA
Hearing History
Judge: HON'BLE MR. JUSTICE S.A. BOBDE, HON'BLE MR. JUSTICE L. NAGESWARA RAO and HON'BLE MR. JUSTICE R. SUBHASH REDDY
Fixed Date by Court
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
Next Week / Week Commencing / C.O.Week
| Date | Purpose |
|---|---|
| 14-Nov-2018 | Fixed Date by Court |
| 10-Oct-2018 | Next Week / Week Commencing / C.O.Week |
| 09-Oct-2018 | Next Week / Week Commencing / C.O.Week |
| 13-Sep-2018 | Next Week / Week Commencing / C.O.Week |
| 12-Sep-2018 | Next Week / Week Commencing / C.O.Week |
Orders
SUMMARY The Supreme Court upheld the Delhi High Court's enforcement of a foreign arbitral award of US $150,362.18 passed by a London arbitrator against P.E.C. Limited. The Court held that the word "shall" in Section 47 of the Arbitration and Conciliation Act, 1996, requiring production of arbitration agreements must be read as "may" to align with the pro-enforcement bias of the New York Convention. The Court also rejected P.E.C.'s argument that lack of signature on the Charter Party precluded arbitration, finding the agreement valid under English law and well-supported by correspondence between the parties. This case analysis is maintained by casestatus.in based on publicly available court records.
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